A lawyer can provide you with general advice regarding your superannuation. Superannuation law is a complicated and vast area of law and you should always seek expert legal advice if you are unsure of your rights and obligations. You can get information about your super entitlements through many different avenues including:

• the Fair Work Commission (FWC);
• the Department of Human Services;
• the Australian Tax Office (ATO); and
• the Australian Securities and Investments Commission (ASIC).

A lawyer can also help you set up a Self-Managed Super Fund (SMSF). This is a complicated task that requires legal and financial skill and knowledge. A lawyer should be able to advise you of your obligations as trustee of a SMSF. You should also consider getting financial advice as running a SMSF requires compliance under tax and finance law as well as superannuation law.

A lawyer can also help you to resolve disputes about superannuation. When a dispute arises it is imperative to seek timely legal advice. This can result in resolution of the dispute and prevent you from incurring unnecessary legal costs. Even though legal representation is not necessary when initiating a complaint under the internal dispute resolution framework of a super fund it may help a complainant (applicant) prepare a stronger case. Disputes between a superannuation fund and members or beneficiaries generally arise over:

• non-payment of benefits;
• miscalculation of benefits;
• service; or
• unfair or unreasonable decisions made by the trustees of the fund.

If the complaint progresses to the Superannuation Complaints Tribunal it is strongly recommended to get legal advice. Although complainants are not entitled to legal representation unless the tribunal considers it to be reasonable and appropriate a lawyer can help prepare a case and explain the procedure. Most complainants have legal representation due to the complexity of their case or personal circumstances. In serious dispute cases or in cases where court action is considered appropriate a complainant should always seek legal advice and representation.

There are many places where you can go if you are eligible for free legal advice such as:

• a Community Legal Centre;
• LawAccess NSW;
• Legal Aid of NSW; or
• the equivalent organisation in your state or territory.